Blog By: Lakyn LeMaster
In the interest of public health, Kentucky must adopt new safety regulations for all domestic well users. The federal regulation of water systems has transformed significantly over the last fifty-two years as the Safe Drinking Water Act (SDWA) was enacted to allow the Environmental Protection Agency (EPA) to enforce national standards for drinking water safety.[1] While the Act has resulted in safer drinking water for those using public water systems, private wells are still not regulated by any federal standard.[2] Some states have taken initiative to enact safety requirements for private well users, but owners are largely still responsible for maintaining their own wells quality.[3]
Putting the responsibility solely on private well owners to maintain the safety of their water is an alarming misstep given the health effects that can be caused by the common well contaminants.[4] The top five microorganisms related to well illness can cause severe pneumonia, fever, dehydration, and infections of the blood, lungs, or urinary tract.[5] Nitrate is also a common chemical contaminant due to seepage from fertilizers and sewage, and it poses the risk of serious illness or death to infants.[6] It is irresponsible and dangerous for states to not take active steps to improve the safety of private wells.
Unfortunately for Kentuckians, Kentucky has failed to provide adequate safety measures for the large number of rural citizens who rely on private wells as drinking water. Throughout the United States, about fifteen percent of the population utilize private wells for drinking water.[7] In Kentucky alone, there are 52,000 known private wells.[8] The only information provided by the Kentucky Energy and Environment Cabinet for those private well owners is that their wells are not regulated by the EPA or the state, and a suggestion that owners should have their water tested annually.[9] This suggestion alone is insufficient to ensure the safety of well water in Kentucky.
In comparison to other states, Kentucky falls far behind when it comes to safety precautions for well users. One of many ways that other states outperform Kentucky is by providing free or low-cost kits that test water quality.[10] Twenty-four other states offer these kits to residents to ensure they have an affordable way to monitor their wells, including Florida which charges only twenty dollars for the test and provides simple instructions.[11] Instead of helping well users by providing such test kits, the Kentucky Energy and Environment Cabinet provides a lengthy list of private certified labs that require the well owner to call, deliver the sample to, and pay for.[12] Private labs vary on the cost of a full water test, but can range up to $400.[13] Given that 15.6 percent of Kentuckians are living in poverty, it is unacceptable for the state to continue without making an affordable option for those residents to assess the safety of their drinking water.[14] In addition to offering low cost testing, the Kentucky legislature should consider the option of requiring well owners to submit annual testing reports to their local health departments. Required annual tests would minimize health risks associated with well water use by promoting the early identification of harmful bacteria, nitrates, and pH levels.[15]
Kentucky must consider the dangers posed by unregulated private wells and take steps to improve well safety for the thousands of residents that rely on well water for their basic needs. The right place to begin is by adopting small policies that have already been proved as feasible by other states like providing affordable testing options.
[1] Brett Walton, Explainer: Who Regulates U.S. Drinking Water, and How?, Ensia (Sept. 29, 2020), https://ensia.com/articles/drinking-water-contamination-regulation-pollution-health/ [https://perma.cc/4LMC-7KMC]
[2] Id.
[3] Id.
[4] Drinking Water Facts and Stats, CDC (Aug. 6, 2024), https://www.cdc.gov/drinking-water/data-research/facts-stats/index.html [https://perma.cc/GPT4-6QWK]
[5] Id.
[6] Potential Well Water Contaminants and Their Impacts, EPA, (last visited Feb. 13, 2026), https://www.epa.gov/privatewells/potential-well-water-contaminants-and-their-impacts [https://perma.cc/X3PZ-SM3G]
[7] Water Resources Mission Area, Domestic (Private) Supply Wells, U.S. Geol. Surv. (Mar. 1, 2019), https://www.usgs.gov/mission-areas/water-resources/science/domestic-private-supply-wells [https://perma.cc/N538-ZEDV]
[8] Sources of Water, Ky. Ass’n of Mitigation Managers, (last viewed Feb. 13, 2026), https://www.kymitigation.org/content.aspx?page_id=22&club_id=839312&module_id=746455 [https://perma.cc/3FFA-AW9A]
[9] Water Well Information for Homeowners, Ky Energy and Environment Cabinet, (last visited Feb. 13, 2026), https://eec.ky.gov/Environmental-Protection/Water/GW/Pages/GWOwnerAssist.aspx [https://perma.cc/D6BB-LEV4]
[10] Katlynn Schmitt et al., A State-by-State Comparison of Policies That Protect Private Well Users, 34 J. Expo. Sci. Environ. Epidemiol. 155 (Feb. 19, 2024).
[11] Test Your Drinking Water Well Every Year – It is Simple and Inexpensive, Florida Dep’t of Health in Sarasota Cnty., (last viewed Feb. 13, 2026), https://sarasota.floridahealth.gov/programs-and-services/environmental-public-health/drinking-water/test-your-water/ [https://perma.cc/GKY3-RQ8D]
[12] Supra note 8.
[13] Home Water Testing Services FAQs, Clean Water Testing, (last viewed Feb. 13, 2026), https://www.cleanwatertesting.com/resources/water-testing-faqs/ [https://perma.cc/2TL4-AKZB]
[14] Sarah Ladd, Poverty Dips in Kentucky but Is Still Higher than Nationwide, Ky Lantern (Sept. 15, 2025), https://kentuckylantern.com/2025/09/15/poverty-in-kentucky-follows-good-trend-but-still-lags-nation/ [https://perma.cc/5G5T-KRXT]
[15] Guidelines for Testing Well Water, Ctr. for Disease Control and Prevention (July 1, 2024), https://www.cdc.gov/drinking-water/safety/guidelines-for-testing-well-water.html [https://perma.cc/5CMD-DSAR].